senate Bill S1427A

Requires school districts to purchase food products that are grown, produced, harvested or processed in New York state

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO LOCAL GOVERNMENT
  • 08 / Jan / 2014
    • REFERRED TO LOCAL GOVERNMENT
  • 28 / Jan / 2014
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 28 / Jan / 2014
    • PRINT NUMBER 1427A

Summary

Requires school districts to purchase food products that are grown, produced, harvested or processed in New York state; allows waiver if price of such local food products is not reasonably competitive; allows waiver if such food products are not available in sufficient quantity.

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Bill Details

See Assembly Version of this Bill:
A880A
Versions:
S1427
S1427A
Legislative Cycle:
2013-2014
Current Committee:
Senate Local Government
Law Section:
General Municipal Law
Laws Affected:
Amd ยง103, Gen Muni L
Versions Introduced in 2011-2012 Legislative Cycle:
S4924A, A7488A

Sponsor Memo

BILL NUMBER:S1427A

TITLE OF BILL: An act to amend the general municipal law, in relation
to the purchase of local food products by school districts

PURPOSE: The purpose is to promote and support the sale of
agricultural products grown and food products processed within New
York State by requiring that school districts give preference to
products grown, produced, or harvested in New York.

SUMMARY OF PROVISIONS: Amends Subdivision 9 of section 103 of the
general municipal law to require that school districts, when
purchasing food products, give preference to products grown, produced
or harvested in New York State. It further requires that preference be
given to foods processed in facilities located in New York.

The purchasing requirement shall be waived if the cost of the food
product is not reasonably competitive or does not exceed a cost
premium of ten percent above the cost of comparable out-of-state
products. An exception to the purchasing requirement is also given if
food products are not available in sufficient quantity for purchasing.

JUSTIFICATION: New York growers and food manufacturers are proud to
provide a rich and diverse array of quality products such as locally
grown produce, syrups and sauces, cheese, honey, meats, pasta and
baked goods - fresh and processed products that never go out of
season.

The New York State Pride of New York program was developed to promote
and support the sale of agricultural products grown and food products
processed within New York State. The Program's growing membership now
includes farmers and processors, retailers, distributors, restaurants
and related culinary and support associations all working together to
bring you wholesome, quality Hew York State products.

In keeping with USDA standards for healthy eating, school districts
throughout the State are being challenged to identify new and cost
effective ways to provide students with the nutrition they need to
lead healthy lives. By requiring schools to procure locally or within
the state, they will be accomplishing two important and necessary
tasks: (1) helping to ensure that young people have well-balanced,
healthy diets with access to farm-fresh produce and (2) contributing
to the local and statewide economy thereby supporting New York's
number one industry, which is agriculture.

LEGISLATIVE HISTORY: 2011-2012: S.4924-A - Died in Committee; 2013:
Died in Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately and shall apply
to the academic school year commencing on or after July 1, 2014.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1427--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Local  Government  --
  recommitted  to  the  Committee on Local Government in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the general municipal law, in relation to the purchase
  of local food products by school districts

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 9 of section 103 of the general municipal law,
as amended by chapter 269 of the laws of 2004, is  amended  to  read  as
follows:
  9.  Notwithstanding  the  foregoing  provisions of this section to the
contrary, a board of education [may] SHALL,  on  behalf  of  its  school
district,  [separately  purchase  eggs,  livestock, fish, dairy products
(excluding milk), juice, grains, and species of fresh fruit and  vegeta-
bles  directly from New York State producers or growers, or associations
of producers and growers] REQUIRE THAT ESSENTIAL COMPONENTS OF ALL  FOOD
PRODUCTS PURCHASED ARE GROWN, PRODUCED OR HARVESTED IN NEW YORK STATE OR
THAT  ANY  PROCESSING  OF  SUCH  FOOD  PRODUCTS TAKE PLACE IN FACILITIES
LOCATED WITHIN NEW YORK STATE, provided that:
  (a) [such] AN association of producers or  growers  THAT  PRODUCES  OR
GROWS  EGGS,  LIVESTOCK,  FISH,  DAIRY PRODUCTS (EXCLUDING MILK), JUICE,
GRAINS, AND SPECIES OF FRESH FRUIT AND VEGETABLES, is comprised  of  ten
or  fewer  owners  of  farms  who  also  operate such farms and who have
combined to fill the order of a school district  as  herein  authorized,
provided  however,  that a school district may apply to the commissioner
of education for permission to purchase from an association of more than
ten owners of such farms when no other producers or growers have offered
to sell to such school;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02465-02-4

S. 1427--A                          2

  (b) [the amount that may be expended  by  a  school  district  in  any
fiscal year for such purchases shall not exceed an amount equal to twen-
ty  cents  multiplied  by  the  total  number of days in the school year
multiplied by the total enrollment of such school district;
  (c)]  UPON DETERMINATION BY A BOARD OF EDUCATION THAT THE COST OF SUCH
FOOD PRODUCTS IS NOT REASONABLY COMPETITIVE, THE SPECIFICATIONS  REQUIR-
ING  SUCH  PURCHASE SHALL BE WAIVED FOR THAT SPECIFIC FOOD PRODUCT UNTIL
THE NEXT CONTRACT FOR SUCH FOOD PRODUCT IS LET OUT FOR BID. FOR PURPOSES
OF THIS SUBDIVISION "REASONABLY COMPETITIVE" SHALL MEAN THAT THE COST OF
THE NEW YORK STATE GROWN, PRODUCED, HARVESTED OR PROCESSED FOOD  PRODUCT
DOES NOT EXCEED A COST PREMIUM OF TEN PERCENT ABOVE THE COST OF A COMPA-
RABLE PRODUCT THAT IS NOT GROWN, PRODUCED, HARVESTED OR PROCESSED IN NEW
YORK STATE.
  (C) UPON DETERMINATION BY A BOARD OF EDUCATION THAT SUCH FOOD PRODUCTS
ARE  NOT AVAILABLE IN SUFFICIENT QUANTITY FOR PURCHASING, THE SPECIFICA-
TIONS REQUIRING SUCH PURCHASE SHALL BE WAIVED  FOR  THAT  SPECIFIC  FOOD
PRODUCT  UNTIL  THE  NEXT  CONTRACT FOR SUCH FOOD PRODUCT IS LET OUT FOR
BID.
  (D) all such purchases shall be administered pursuant  to  regulations
promulgated by the commissioner of education. Such regulations shall: be
developed  in  consultation  with  the  commissioner  of agriculture and
markets to accommodate and promote the provisions of the  farm-to-school
program  established  pursuant  to  subdivision  five-b of [the] section
sixteen of the agriculture and markets law and subdivision thirty-one of
section three hundred five of the education law as added by chapter  two
of  the laws of two thousand [two] ONE; ensure that the prices paid by a
district for any items so purchased do not exceed the prices of compara-
ble local farm products that are available to  districts  through  their
usual purchases of such items; ensure that all producers and growers who
desire  to  sell  to  school districts can readily access information in
accordance with the farm-to-school law;  include  provisions  for  situ-
ations  when  more  than  one  producer or grower seeks to sell the same
product to a district to ensure that all such producers or growers  have
an  equitable  opportunity  to  do  so  in a manner similar to the usual
purchasing practices of such districts; develop guidelines for  approval
of  purchases  of  items  from associations of more than ten growers and
producers; and, to the maximum extent practicable,  minimize  additional
paperwork,  recordkeeping and other similar requirements on both growers
and producers and school districts.
  S 2. This act shall take effect immediately and  shall  apply  to  the
academic school year commencing on or after July 1, 2014; provided that,
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive  date  is  authorized  and  directed to be made and completed on or
before such effective date.

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